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IN

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH

CHAUHAN

AND

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

WRIT PETITION (PIL) No. 68 OF 2018

7TH APRIL, 2021

Between:

In Re,
In the matter of, “Protection of Forest Area, Forest
Wealth and Wild Life due to devastation from the
extensive forest fires in the State of Uttarakhand.”
…Petitioner

and

State of Uttarakhand and others. …Respondents

Counsel for the petitioners: Mr. Dushyant Mainali,

learned proxy counsel
for Mr. Ankit Shah,
learned counsel for the
petitioner.

Counsel for the respondents: Mr. S.N. Babulkar,

learned Advocate
General with Mr. N.S.
Pundir, learned Deputy
Advocate General and
Mr. B.S. Parihar,
learned Standing
Counsel for the State of
Uttarakhand.
Mr. Virendra Kaparwan,
learned Standing

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Counsel for the Union

of India / respondent
no. 1.

The Court made the following:

ORDER : (per Hon’ble The Chief Justice Sri Raghvendra Singh Chauhan)

In pursuance of the order dated 06.04.2021, Mr.

Rajiv Bhartari, the Principal Chief Conservator of

Forests, Department of Forest, is present before this

Court through video-conference.

2. He informs this Court that annually from March

till June, the State is prone to forest fires. So far, 52

incidents have occurred ranging from District Nainital

to District Champawat to District Udham Singh Nagar.

Between October, 2020 till March, 2021, there have

been about 852 incidents of forest fires, which have

adversely affected 1012 hectares of land.

3. According to him, there is a three-pronged

strategy, which is utilized for dealing with forest fires:

firstly, preventive, such as clearing fire lines; secondly,

detection; and thirdly, control of the fire, once it

begins to rage through the forest. In order to deal

with the raging fire, the Department has fire-rakes,

fire-beaters, and it uses a technique called “counter-

fire”.

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4. However, according to him, the Forest

Department has a large number of vacancies. The

sanctioned strength of Forest Guards is 3650, out of

which there is a vacancy of 2098. Thus, there is a

vacancy of 65% of the staff. Similarly, there is 82%

vacancies in the cadre of Assistant Conservators of

Forest. Likewise, on the post of Rangers, the

sanctioned strength is 308, and the working strength

is 237.

5. According to Mr. Bhartari, the area of the State,

which is covered by pine forest, is most prone to

forest fire. For, firstly, nothing grows under a pine

tree. Secondly, a pine tree sheds its needle thrice in

a year, which tend to accumulate under the trees.

Due to either human actions, or due to high

temperature the fallen pine needles catch fire.

Thereby, igniting forest-fires.

6. According to Mr. Bhartari, in case the forestfire

goes out of control, the State tends to contact the

National Disaster Response Force; the State also puts

into action the State Disaster Response Force.

7. Taking example of Almora district, Mr. Bhartari

submits that there are about seven crew stations, and

each crew station consists of four to six personnel.

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There are 190 fire-watchers; and in order to cover

600 sq. kilometers, two fire-watch towers have been

constructed.

8. According to Mr. Bhartari, in 2016, the Forest

Department had formulated a “Crisis Management

Plan”. Despite, the best efforts of the Forest

Department to implement the same, due to shortage

of funds and due to shortage of staff, the Forest

Department is not in a position to implement the plan

in toto. Lastly, Mr. Bhartari, submits that although

presently, the forest fire raging in District of Nainital,

Champawat, and Udham Singh Nagar is out of

control, but the Department hopes to control the fire

within a period of two weeks. But simultaneously, he

submits that since most of the forest fires are ignited

by people, the possibility of fresh forest fire incidents

occurring either in the Kumaun area, or in the

Garhwal area, cannot be ruled-out.

9. Mr. Dushyant Mainali, the learned proxy counsel

for Mr. Ankit Shah, the learned counsel for the

petitioner, submits that in Writ Petition (PIL) No. 54 of

2016, In the matter of the Protection of Forests,

Environment, Ecology, Wild Life etc. from the Forest

Fire vs. Union of India and others, by judgment dated

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19.12.2016, this Court had issued a large number of

guidelines. However, in SLP No. 8633 of 2017, by

order dated 27.03.2017, the said guidelines have

been stayed by the Hon’ble Supreme Court.

10. The learned counsel further submits that despite

the stay granted by the Hon’ble Supreme Court

against the said judgment, in the case of Rajiv Dutta

vs. Union of India and others [Original Application No.

216 of 2016 (M.A. No. 397 of 2017)], the National

Green Tribunal has dealt with the phenomena of

forest fires in the State of Uttarakhand. In its

judgment dated 03.08.2017, the learned

Tribunal has also issued a large number of guidelines.

Since the said judgment has not been stayed by the

Hon’ble Supreme Court, the learned counsel submits

that the guidelines, so issued by the learned Tribunal,

necessarily must be complied with by the State.

However, the State has singularly failed to comply

with these guidelines. Therefore, he prays that this

Court should direct the Forest Department and other

competent authorities of the State to implement the

directions issued by the learned Tribunal.

11. Mr. Akhil Kumar Shah, the learned counsel,

further submits that while dealing with forest fires,

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which rage through the mountains of the State,

perhaps the State should also consider the possibility

of creating artificial rain so as to douse the forest

fires. Moreover, since the occurrence of forest fires is

an annual feature, perhaps the State should also

consider equipping the State Disaster Response Force

with sufficient equipment, including aerial equipment

for dealing with the forest fires.

12. It is, indeed, trite to state that forest fires have

numerous adverse effects: firstly, on the green-

coverage of the State; secondly, on the wildlife;

thirdly, on the human population; fourthly, on the

environment itself.

13. Admittedly, 67% of the land in the State is

covered by forest. There are large forests of Pine

Trees. Undoubtedly, forest fires are annual features

which occur between March and June. Thus, it is it is

imperative that the State should not just have a Crisis

Management Plan, but most importantly should

ensure that the plan is implemented in toto.

Therefore, it is essential for the State to develop

multi-pronged strategies to tackle this annual

menace.

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14. Therefore, this Court directs the State as under:-

(1) The State should ensure that sufficient fund

is given to the Forest Department so that the

vacancies can be filled up. Therefore, the State,

especially the Forest Department, should ensure

that sixty-five percent vacancies in the cadre of

Forest Guard are eliminated, and all the

vacancies are filled-up within a period of six

months. Moreover, the eighty-two percent

vacancies that exist in the cadre of Assistant

Conservator of Forest should equally be filled-up

as expeditiously as possible, preferably within a

period of six months. Likewise, the vacancies

existing in the cadre of Ranger should be filled-

up as expeditiously as possible, preferably within

a period of six months. Moreover, the Forest

Department should have the necessary

equipments and the physical infrastructure. For,

until and unless sufficient manpower and

physical infrastructure are not provided to the

Forest Department, it will be extremely difficult,

if not impossible, for the Forest Department, to

carry out its functions.

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(2) The State Government should also consider

the possibility of equipping the State Disaster

Response Force with all the necessary gadgets

and equipment, which are necessary for fighting

the forest fires. Therefore, the State should also

deliberate whether it can equip the State

Disaster Response Force with Helicopters and

with other aerial equipment, which will permit

the State Disaster Response Force to effectively

deal with the forest fires. For, it is a common

knowledge that once forest fires blaze out of

control, it is easier to control the same from the

air, than from the land.

(3) The State should also consider the

possibility of creating artificial rain by cloud-

seeding. Of-course, this will have to be balanced

with the distinct possibility that too much rain

may also lead to land-slides, a phenomena to

which the State is prone to.

(4) Since in the case of Rajiv Dutta (supra),

the learned Tribunal has already issued effective

directions to the State, the State is directed to

implement the directions as expeditiously as

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possible, and preferably within a period of six

months.

15. Mr. Rajiv Bhartari, the Principal Chief

Conservator of Forests, Department of Forest, is

directed to submit his report with regard to the

implementation of the directions issued by this Court

today. The said report shall be filed by him on or

before 07.05.2021.

16. List this case on 12.05.2021.

_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.

___________________
ALOK KUMAR VERMA, J.

Dt: 7th April, 2021

Rathour